Residency Requirements to File For Divorce
Filing for divorce in Oklahoma requires filing a Petition for Divorce and Dissolution of Marriage. The person who actually files the divorce petition has some choices about when and where to file for divorce. That can be an advantage. Choosing jurisdiction means that you can often file where it is easiest for you. A family law attorney from Wirth Law Office – Wagoner can help you with any questions you have.
Oklahoma State Residency Requirements
Oklahoma has separate residency requirements for the state and for the county. These requirements must be met if you want to file within the state of Oklahoma and within a particular county in Oklahoma.
In order to file for divorce anywhere within the state of Oklahoma, either the person who is filing for divorce (the petitioner) or their spouse (the respondent) must have lived in Oklahoma for at least six months prior to the filing of the petition in Oklahoma.
Wagoner County Residency Requirements
In addition to state residency requirements, a person must meet county residency requirements in order to file for divorce within a particular county. You must be a resident of the county in which you wish to file for at least 30 days before filing. That means that if you have been a resident of Wagoner County for at least 30 days, you can file for divorce in Wagoner County.
Alternatively, you can file for divorce in the county in which the respondent is living. If you file in the county in which the respondent is living, there is no county residency requirement to meet. So if you and the respondent both live in Wagoner County, you can file for divorce in Wagoner County. If you have lived in Wagoner County for at least 30 days and Oklahoma for at least six months and your spouse has moved to another county, you can still file for divorce in Wagoner County.
The same will apply to your spouse. Let’s say that you and your spouse have both lived in Wagoner County, Oklahoma for 5 years. During the breakup, your spouse moved across the state while you remained in Wagoner County.
If you do not file first, your spouse can file in the county in which they live as long as they have lived there for at least 30 days. That means that you might have to travel quite a ways for every court appearance.
It is better to file first and control jurisdiction in your favor.
Oklahoma also recognizes tribal courts. If you are a member of an Indian Tribe in Oklahoma that has a family court, you can always file in tribal court. Tribal courts have their own rules, and if you are interested in that possibility, you should discuss the matter with an experienced Oklahoma divorce attorney.
Sometimes that is a good option, but each case is different. Only an experienced attorney can help you understand what is best for your particular circumstances. Just remember that if both parties file, the first to file for divorce prevails in terms of jurisdiction. The other’s petition is dismissed.
Free Consultation with a Wagoner Divorce Attorney
Wirth Law Office – Wagoner offers its clients the best possible divorce, child custody, and child support representation in the Wagoner, Oklahoma area at reasonable rates. Get the help you need.
We invite you to schedule a free consultation to discuss what we can do for you. Contact Wirth Law Office – Wagoner at (918) 485-0335 to schedule your free consultation. You can also fill out the form at the top of the page.